Transitioning To The Associations Incorporation Act 2015
As an incorporated association, adherence to the current Associations Incorporation Act is required.
The Associations Incorporation Act 2015 came into effect 1st July 2016, replacing the Associations Incorporation Act 1987, with a three-year transition period in place.
During the transition period of 1st July 2016 to 1st July 2019 each association is required to update its Constitution to:
- include a not-for-profit clause
- provide for 19 specific matters set out in Schedule 1 Divisions 1 and 2 of the Act
- be consistent with the requirements of the Act
Until an association completes the process of updating their constitution, the existing constitution can continue to be used until 1st July 2019.
As of 1st July 2019, relevant clauses of the Model Rules (contained in the Associations Incorporation Regulations 2016) will automatically apply where a club’s constitution is non-compliant or silent under the new Act.
- for example: if your current constitution does not state the club’s financial year, on the 1st July 2019 the club’s financial year will be 1st July to 30th June as per the Model Rules.
In addition to the requirements of the constitution, there are key obligations relating to General Meetings, Records and Notification of Consumer Protection that are in force now. Contact Clubs WA for further information.
Important notes about Constitutions:
- The Constitution can only be changed by passing a special resolution at a general meeting of the association
- Your club Constitution will detail the name, objects, methods of management and other conditions under which the club operates.
- The Constitution binds the club and the members of the club as if:
-
- it contained an agreement on the part of each member to be bound by and observe all the provisions of the rules; and
- that agreement was duly executed by each member
- Incorporated clubs with a liquor licence must also follow the requirements of the Liquor Control Act 1988.
For further help contact your club Regional Bowls Manager or Clubs WA
Clive Adams
RBM North/East |
Steve Unsworth
RBM South/South West |
Clubs WA |
Phone: 0408 136 831 | Phone: 0418 890 680 | Phone: 1300 640 616 |
Email: cadams@bowls.com.au | Email: sunsworth@bowls.com.au | Email: info@clubswa.com.au |